STATE OF GUJARAT Vs. LALITKUMAR MANHARLAL SHAH

JUDGEMENT

(1.) By this appeal under Section 378 of the Code of Criminal Procedure 1973 (Code for short) the appellant-State has questioned the validity and legality of the judgment and order of acquittal passed on 8.6.1984 by the learned Judicial Magistrate First Class Chhota Udepur in Criminal Case No.165 of 1983 against all the respondents who are brothers.

(2.) A resume of the material facts giving rise to the present appeal may be shortly stated at the out set.

(3.) According to the prosecution version the complainant Divisional Forest Officer Mr. J.K. Kulkarni alongwith his office staff had inspected the premises of Swaminarayan Saw Mill situated on the Jamla Road Chhota Udepur on the day of the incident that is 22.11 with a view to ascertain as to whether the stolen wooden pieces cut from the forest were collected in the said saw mill. The respondents who are the original accused persons are the brothers and they physically assaulted the complainant as alleged by the prosecution. In that it is further alleged that the accused persons are the three sons of one Manharlal Shah (who is the owner of Laxmi Grinding Industries situated near Swaminarayan Saw Mills which was raided).The prosecution also alleged that the accused persons abused and pelted stones at the complainant and his fellow staff and assaulted them. Upon these facts a complaint was lodged as per Ex.33 on the basis of which an offence came to be registered against the accused persons with C.R.No.174/82 for the alleged offfences punishable under Sections 332 337 352 504 and 186 read with Section 114 of the Indian Penal Code. Investigation was carried out and the accused persons came to be charge-sheeted in the court of the learned Judicial Magistrate First Class at Chhota Udepur for the aforesaid offences.